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M E M O R A N D U M

TO : Al l Pres idents and Stewa rds with MERC members

Al l Loca l P residents and Stewa rds

FROM :

DATE :

SUBJECT:

Ruth Ham i l ton, OPS Supervisor

J u ly 6, 20 10

M i n istry of Commun ity Safety & Correctiona l ServicesDivi s iona l M i nutes - November 15 & 16, 2008

Attached for you r i nformation , p lease find the mi nutes of the above captioned meeti ng .

You r making these ava i la b le to your delegates and members wou ld be appreciated .

AUTHORIZED FOR DISTRIBUTION ' IN SOLIDARITY,

Wa rren (Smokey) ThomasPresident

Ruth Ham i lton

OPS Supervisor

/g i

all: .

CC : Executive Boa rd Members

CERC

MERC Cha i rs

M i n i stry ERCSen ior Staff

Reg iona l Offices

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Toronto, OntarioM3B 3P8

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1 00, chemin LesmillToronto (Ontario)M3B 3P8

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la FTO, au CTCet au SNEGSP

MINISTRY OF COMMUNITY SAFETY

AND CORRECTIONAL SERVICES

2008 CORRECTIONS DIVISIONAL MEETING

NOVEMBER 15 & 16, 2008FAIRMONT ROYAL YORK HOTEL

SATURDAY NOVEMBER 15 2008

CALL TO ORDER

Dan Sidsworth, MERC Chair, called the meeting to order at 1 : 50 p .m.

PRIVILEGE :

E . Casullo (L .234) spoke on behalf of the members who offered their support tothe Bargaining Team.

INTRODUCTIONS :

Dan S idsworth

Gord LonghiPaul Johnstone

Eddy AlmeidaBrian Chauvin

Emid io Casu l !o

Br i an Dunham

Nick Mustari

Sandra HarperAgnela Pereira

M

Chair, RC

Vice-Chair , MERC (P&P Rep)Member, MERC

Member, MERC

Chair, Health & SafetyVice o Chair, Health & SafetyP obation and Paro le Member, Heaf tt l & Sa fetyMember, Health & SafetyJob Security Officer, OPSEURecording Secretary, OPSEU

ADOPTION OF THE AGENDA

Moved: P . Wright (L . 3 68)

To adopt the Agenda.

Seconded : D. Graves (L. 52 1 )

MOTION CARRIED

PRESENTATION

Members of Local 678 were presented with a plaque on behalf of the CorrectionsHealth & Safety Committee in commemoration of Curt Bishop . A moment ofsilence was observed.

ADOPTION OF THE PREVIOUS MINUTES

Moved: E . Almeida (L .248) Seconded : D . Marshall (L . 5 1 7)

To adopt the minutes of the November 25 & 26, 2006 Divisional Meeting.

MOTION CARRIED

BUSINESS ARISING FROM THE MINUTES

There was no business arising from the previous minutes .

BY-LAWS - CORRECTIONS DIVISION

Moved : G. Longhi (L .27 1 ) Seconded : E . Almeida (L.248)

WHEREAS SAROC is a committee within Corrections and ;

WHEREAS to provide reporting structure within the Division;

THEREFORE BE IT RESOLVED that SAROC be adopted as a subcommitteeofMLRC .

BE IT FURTHER RESOLVED that the members of SAROC and MERC shall

negotiate a Terms of Reference for selection of and membership on the SAROCCommittee .

Moved : D . Graves (L . 5 1 7)

Closure .

Seconded : B . Roy (L.229)

CARRIED

MOTION DEFEATED

2

Moved: D . Sidsworth (L .234) Seconded : N. Mustari (L . 5 1 7)

WHEREAS the Systemic Anti-Racism Organizational Change SteeringCommittee (SAROC) has become a long standing committee, to co-ordinate theeffective development, implementation and monitoring of the Systemic and AntiRacism Organizational Change Programs, arising from the O'Brien award and theMcKinnon Tribunal decisions ; and

WHEREAS OPSEU has prided itself to be a democratic Union; and

WHEREAS the composition processes, of the SAROC Steering Committee arenot spoken to in the By-laws of the Division, or Constitution of the Union; and

WHEREAS this has lead to difficulties within the SAROC, MERC, the Divisionand Executive Board :

THEREFORE BE IT RESOLVED that the following amendments to the bylaws of the Corrections Division of the Ontario Public Service Employees Unionas follows :

Al icle 1 0 - Elections

1 0 . 5 A Systemic Anti -Rac i sm Organizational Change (SAROC) Subcommitteeshall include women, aboriginal, and racial ized individuals . TheSubcommittee shall be comprised of a total of six (6) members ,

1 0 . 6 Three (3 ) of the members shal! be elected to the subcommittee for a periodof tap to two (2) years , consisting of the one ( 1 ) elected Mini stry ERC Chair,or designate, who shall Chair the subcommittee, one ( 1 ) elected member tobe elected by those delegates representing institutions, one ( 1 ) member to beelected by those delegates representing Probation and Parole, for a total ofthree (3 ) elected delegates .

1 0 . 7 The three remaining members shall be selected to the subcommittee for a

period of up to two (2) years . The selection shall be by the elected membersof the MERC, and the elected members of the subcommittee . This shall be

done following the conclusion of the Corrections Division meeting .

MOTION DEFEATED

3

Moved: E . Almeida (L .248) Seconded : P . Johnstone (L .224)

WHEREAS building capacity in the Union and the Division creates strength andgrowth; and

WHEREAS alternates are duly elected; and

WHEREAS b ose very Alternates may beMERC or Health & Safety

required to take a position on the

THEREFORE BE IT RESOLVED that when members are required outside of

the MERCiHealth & Safety Teams for subcommittees that said positions beoffered first to the Alternates ; and

FURTHER BE IT RESOLVED that if the Alternates are on a subcommittee that

other opportunities be given to other members of the Division; and

FURTHER BE IT RESOLVED that the

different process .

SAROC subcommittee will follow a

MOTION CARRIED

Gord Longhi in the Chair .

Moved : D. Sidsworth (L .23 4) Seconded : E . Casullo (L .23 4))

WHEREAS the Divis ion now is represented by two Member Emp!oyeeRepresentative Committees consisting of two Corrections Pro vincial Health andSafety subcommittees ; and

WHEREAS the need for a member from MYCS to sit on the MCSCS Provincial

subcommittee is no longer required,

THEREFORE BE IT RESOLVED that an amendment to the By-Laws from theCorrections Division of the Ontario Public Service Employees Union be made asfollows :

1 0 .4 "a Health and Safety subcommittee consisting of the Ministry ERC Chair,three (3 ) members to be elected by those delegates representing institutions,one ( 1 ) member to be elected by those delegates representing Probation andParole . The Division shall hold a subsequent election for the purpose ofelecting the Chair and Vice-Chair of the Subcommittee . "

4

MOTION CARRIED

Moved: J . Mitchell (L .6 1 6) Seconded : D. Sidsworth (L.234)

WHEREAS it is critical that we support the bargaining teams in order for them toachieve a good contract : and

WHEREAS we will need to put pressure on the employer in the workplace asissues bargaining moves along :

THEREFORE BE IT RESOLVED that the Division shall follow the direction of

the bargaining teams with respect to timing and methods necessary to put pressureon the employer in the workplace as issues bargaining does move along .

MOTION CARRIED

MERC AND HEALTH & SAFETY REPORTS

Dan Sidsworth, Chair, presented the MERC Report . See attached.

Questions were entel ained .

Gord Longhi , MERC Vice-Chair, Probation and Parole Representative, presentedthe Community Corrections Report . See attached .

Questi ons were entertai ned .

Brian Chauvin, Chair, Health & Safety, presented the Health and Safety

Committee Report. See attached .

Brian Dunham, Health and Safety Probation & Parole representative presented theHealth & Safety Report . See attached.

Questions were entertained .

BARGAINING TEAM UPDATE

David Kerr provided a brief update on the current status of Corrections bargaining .

Questions were entertained .

Brian Gould gave on update on the current status of Central bargaining.

SAROC

Gord Longhi spoke on this issue .

PENSION PRESENTATION

Marcia Gillespie gave an update on pensions . Discussion ensued .

Adj ournment

The meeting adj ourned at 5 : 45 p .m.

SUNDAY, NOVEMBER 16, 2008

Dan Sidsworth, MERC Chair, called the meeting to order at 9 : 1 5 a.m.

Probation & Parole moved to their respective break-out room.

ELECTIONS

Sandra Harper assumed the Chair to conduct the elections . Sister Harper explainedthe election process . Three (3 ) candidates each to be elected to the MERC andHealth & Safety Teams on a 50% + 1 basis . Three (3 ) Alternates to the MERCTeam, three (3 ) Alternates to the Health & Safety Team which can be elected onthe basis of plurality if such a motion is moved and carried.

Moved : E . Almeida (L .248) Seconded : B . Chauvin (L . 1 3 5)

That each candidate be allowed an opportunity to speak for up to a maximum of 3minutes .

MOTION CARRIED

MEaC TEAM (3)

1 st Ballot

Nominator Nominee Stand/ Results

Decline

J . Richards (L .23 4) J . Mengia (L .23 4) Stand

E. Dusome (L.234) D. Sidsworth (L.234) Stand Elected

J. Fraser (L . 3 68)

M. Viesehneyer (L . 5 1 7)C . Saumur (L . 642)P . Wright (L . 3 68)B . Chauvin (L . 1 3 5)

P . Johnstone (L .224)D. Marshall (L . 5 1 7)J. Mitchell (L .6 1 6)E . Almeida (L .248)J . Zultek (L . 678)

Stand

Stand

Stand

Stand

Stand

2nd Ballot

P . Johnstone (L .224)D. Marshall (L . 5 1 7)J . Mitchell (L .6 1 6)E . Almeida (L .248) Elected

3 rd BallotJ . Zultek (L . 678)

P . Johnstone (L .224)D. Marshall (L5 1 7)J . Mitchell (L . 6 1 6)

4th Ballot

P . Johnstone (L.224)D. Marshall (L . 5 1 7)J. Mitchell (L .6 1 6)

5 th Ballot (Ranldng)P . Johnstone (L .224)D. Marshall (L . 5 1 7)

Elected

Moved : D. Sidsworth (L .234)

THAT Alternates be ranked by plurality .

Seconded : K. Aicken (L.247)

MERC Alternates

MOTION CARRIED

Nominator Nominee Stand/

Decline

Results

E . Almeida (L248 )J . Richards (L .23 4)N. Mustari (L . 5 1 7)S . Jagpal (L . 53 0)J . Mengia (L .234)

J . Mitche l l (L . 6 1 6) Stand

J . Mengia (L . 23 4) Stand

M. Vieselmeyer (L . 5 1 7) StandD . Marshall (L . 5 1 7) StandJ. Zultek (L . 678) Stand

GRIEVANCE REPORTS

2"d A#erm te4th Alternate

5th Alternate1`t Alternate

3rdAlternate

Scott Andrews, Grievance Officer presented his report . See attached.

PROBATION & PAROLE - MERC

Nominee Stand/Decline Results

G. Longhi (L .27 1 ) Stand Acclaimed

P . Attard (L. 5 5 1 )R. Larcher (L .629)L . Kool (L . 3 1 0)

Stand

Stand

Stand

Acclaimed - Ist Alternate

Acclaimed - 2"aAlternateAcclaimed - 3raAlternate

PROBATION & PAROLE - HEALTH & SAFETY

Nominee Stand/Decline Results

B . Dunham (L.453 )B . Friday (L . 70 1 )S . McIntyre (L . 63 3 )

Stand

Stand

Stand

Acclaimed

Acclaimed - Ist Alternate

Acclaimed - 2"aAlternate

HEALTH & SAFETY TEAM (3 )

Nominator Nominee Stand/ Results

Decline

G. McVeigh (L. 52 1 )J. Richards (L .234)G. Peck (L . 5 82)J . Murphy (L .224)A . Louwe (L . 1 08 )

B . Chauvin (L . 1 3 5 )

B . Chauvin (L. 1 3 5 )E . Casullo (L .234)

M. Schnoflak (L. 5 82)G. A3"cher (L .7 1 9)P . Goden (L . 1 08)

N. Mustari (L . 5 1 7)

Stand Elected

Stand Elected

Stand

Stand

Stand

Stand Elected

Health & Safety Alternates

Nom inator Nom i nee Stand/

Decl ine

R esu l ts

E . Casullo (L .23 4)

G. Peck (L . 5 82)J . Mengia (L .23 4)B . Chauvin (L . 1 3 5 )

J . Richards (L .234)Mr. Schnoflak (L. 5 82)G. Archer (L .7 1 9)P . Goden (L . 1 08)

Stand

Stand

Stand

Stand

4#' Alternate1st Alternate

3raAlternate2"a AItemate

9

ELECTION OF TEAM CHAIRS/VICE-CHAIRS

MERC CHAIR

Nominator Nominee Stand/ Results

Decline

G. Gray (L.23 4)G. Longhi (L .27 1 )

D. Sidsworth (L.234)E . Almeida (L .248)

Stand

Stand Elected

MERC VICE-CHAIR

Nominator Nominee Stand/ Results

Decline

E. Almeida (L . 248)

J . Richards (L .234)G. Longhi (L .27 1 )

D. Sidsworth (L.234)

Stand Elected

Stand

HEALTH & SAFETY CHAIR

Nominator Nominee Stand/ Results

Decline

N. Mustari (L . 5 1 7)G. Mengia (L .23 4)

B . Chauvin (L . 1 3 5 )E . Casullo (234)

Stand Elected

Stand

HEALTH & SAFETY VICE-CHAIR

Nominator Nominee Stand/ Results

Decline

D. Kerr (L . 1 1 5 )

REGIONAL ELECTIONS

E. Casullo (L .234) Stand Acclaimed

Moved: D. Kerr (L . 1 1 5) Seconded : B . Dunham (L.45 3 )

THAT Alternates will be allowed to run for Regional ERC ' s and have voice andvote for that purpose .

MOTION CARRIED

l0

North - ERC :

B . Friday - Co-ChairJ . Van Toen

S . McIntyreR. Larcher

North - Alternates :

D . Ginter - 1 t

D. Gallupe - 2"a

East - ERC :

M. Letwin - Co-Chair

B . Dunham

G. S irois

K. King

East - Alternates :

R. Gendron - 1 't

T . Goodwin - 2"'t

L . Reitano - 3r'!P . Russell - 4th

L . Bouchard - 5th

West ERC :

L . Skitch - Co-Chair

D . Kerr

T. Rath

D. Trachy

West Alternates :

P . Bagley - 1stJ . Kennedy - 2"u

Central ERC :

D. Fedun - Co-Chair

P . Attard

I . Kool

Central Alternates :

S . Demers - 1 t

I . Rosati - 2'' '/

G. Longhi - 3rd

Moved: P . Johnstone (L .224) Seconded : D. Sidsworth (L.2343 )

To destroy all ballots .

MOTION CARRIED

NEW BUSINESS

There was no new business .

Moved : D . Kerr (L . 1 1 5 )

To adj ourn .

Seconded : M. Vieselmeyer (L . 5 1 7)

MOTION CARRIED

The meeting adj ourned at 2 : 3 0 p .m./

FOR DI

MERC

Corrections

Warren (Smokey) ThomasPresident

OPSEU

ap

Attachments (5)

1 2

Report to the 2 0 08 OPS D ivis ional MeetingM in istry o f" Commun ity Safety and Co rrecti ona l S ervi ce s

Welcome,

To a l l th e de l eg a tes , a l te rn a tes , a n d obse rve rs at th is yea r's MCSCS

D iv i s i o n a l meet i n g .

F i rst I w i l l express tha t i t h as been a g reat p riv i l eg e a nd honou r to rep resent

th e membersh i p of the Correct i o ns D iv i s i o n ove r th ese pa st two yea rs . The

team ha s been wa rm ly we l comed a t a l l th e l oca l s we have ma naged to v i s i t

i n th e co u rse of ou r d u ti es , i n both the Comm u n i ty a nd I nst i tut i on s . I wa nt

to recog n i ze th e ded i ca t i on a nd wo rk th at has been done by the members of

M ERC, the Prov i n c i a l H ea l th a n d Safety Team , a nd the System ic a nd Ant i

Ra c i sm a nd Orga n i za t ion a l Ch a nge Comm ittee members .

I n add i t i o n I wa nt to tha n k a l l th e Loca l Execu t i ve Members who w ith ou t

you r ded ica t i o n ou r D iv i s i on wou l d n ot be recog n i zed as the strongest a ndmost m i l i ta n t i n th e OPS .

I pa use , loo k i n g ba ck over the past two yea rs a nd ca n not exp l a i n how fa st i t

h a s passed by . I reca l l th e a ccomp l i s hments b u t my most v iv i d a re th e

fr i e n d s h i ps we have made a nd th e loss of stro ng act i v i sts , i n c l u d i ng Broth e rs

Cu rt B i s ho p , a n d Steve Ti mm i n s .

We wa nt to th a n k you fo r th a t .

The fo l l ow i ng i s a b r i ef report of th e a ct i v i t i es of you r MCSCS M ERC Team

s i n ce the 2006 D iv is i o na l Meet i ng .

Page 1 of 6

M im ico M ERC Aq ree rnent

The M ERC comp leted the im p l ementa t i o n of a M ERC ag reement a l l ow i n gmem bers to move ba ck to M im ico who were su rp l u ssed a nd forced tore l oca te . Al l g r i eva n ces a nd matte rs re l at i ng to th i s exercise have beencomp leted .

� see attached

Ce ntra l No rth Correctio n a l Ce n tre

The loca l mem be rs h i p h e l d stro ng a nd s u ppo rted th e LEC a nd the M ERC i nn egot i a t i n g a new comp ressed work week sched u l e . Th roug h months ofnegot i a t i o n a nd determ i na t ion , th e membe rs h i p voted i n a p l atoon typesched u l e . The fi n a l sched u l e ca n be ma i n ly a ttri bu ted to th e effo rts of thel a te Brother Timm i n s .

U n c l a ss i fi ed ro l l ove rs fo r C . O . a nd Non oC . O . Pos i t i o ns

The M ERC was a b l e to negot i ate a n ag reement to ro l l over u nc l ass i fi eds i n tovaca nc i es i d e n t i fi ed by the emp loyer a t i n st i tut i ons across the m i n i stry ,These ag reements we re d i ffi cu l t to ach i eve a nd wi l l exp i re at th e end of thecu rre n t contra ct . We a re i n d iscu ss i o ns to have them exte nded .

See a ttached

S u spens i o n s w ith pay

The M ERC team has ta b l ed l a n g u a ge th at add resses the need s of the

em p l oye r a nd th e membersh i p . Membe rs wou l d be rea ss i g n ed w ith i n th e i rLoca l a nd c l a ss i fi ca t i o n as a fi rst step, the n outs i de of the i r c l a ss i fi cat i o n ,

mov i n g poss i b l y to a nother l oca t i on , a n d prog ress i ng to sus pens i o n wit h paypend i n g the outcome of a t ime ly i nvest i g a t i on .

Pase 2 of 6

I nvest i gat i o ns su bcomm ittee

With the ass i sta nce of G . O . Scott And rews , a po l i cy g ri eva n ce was used to

p ress u re the emp l oye r to fo rm a su bcomm ittee to add ress th e u n ion sco nce rns a bout th is i ssu e . The I nvest i gat i ons s u bcomm ittee h as met o n ce

to i d e n t i fy issues a n d i s awa i t i ng th e emp loyers review . The i r repo rt is d ueon Decem ber 07 2008 .

P rovi nc ia l Ove rt i me Protoco l

The rev ised Prov i nc i a l Ove rt i me Protoco l a g reement was s i g n ed off a n d

b ro ug ht benefi ts to the o l d l a n g u age . Th i s new ag reement is n ow more opena nd tra ns pa ren t . I t i n c l ud es a ba rga i n i n g u n i t pos i t i on to ass ist thesched u l i ng ma nage r to ru n the p rog ram . These pos i t i o n s we re i dent i f i ed i nthe ag reement a nd h ave now been extended to i nc l u d e a l l th e i n st i tu t ions i nth e Centra l , Ea ste rn , a nd Northe rn Reg i o ns .

o See a ttached

Th reats A i n st Staff

W ith th e a ss i sta n ce of G . O Scott And rews , a nd the press u re of i n d i v i d u a l

g r i evo rs , a n a g reed to p roced u re was i m p l emented by the em p loye r to dea lw i th the i ss u es of th reats a g a i nst sta ff . Th i s a g reement i s a p p l i ca b l e fo rmembe rs i n both the commu n i ty a n d i nst i t u t i o n a l workp l a ces . Al l of the

conce rns ra ised by the u n ion we re add ressed i n th is p rotoco l .

� See attached

I n te rest Based Prob l em So lv i n q

Most i nst i tut i o ns h ave now comp l eted the jo i n t I B PS tra i n i n g offe red to LERCmembers a nd loca l ma nagement . Th e IBPS tra i n i n g focussed o n th e

deve l o pment of better reso l u t i on p ra ct i ces to dea l w ith l oca l i ss u es .

Page 3 of 6

G rieva nce Med i a t i o n a nd Arb i t ra t i o n P rocess

A Prov i n c i a l Med i at i on a n d Arb i t ra t i on P rocess h as been ro l l ed out a nd

im p l emented at a l l th e i nst i tu t i ons across th e M i n i stry . Th is a g reementco nt i n ues to add ress the back l og of g r i eva nces . The G ri eva n ce Depa rtment

w i l l a d d ress the meeti ng on th e sta tus of the ag reement .

Reg io n a l - La bou r Re l a t i o ns Forums

A s ig n ed ag reement was rea ched tha t esta b l i s hes reg ion a l comm ittees fo rthe i n st i tu t i ons s im i l a r to the comm u n i ty reg io n a l comm ittees . Th ree of the

fo u r reg ion s h ave now comp leted the i r fi rst meeti ng of th e R- LRF's . TheEaste rn Reg io n i s resched u l i ng th e date of the i r fi rst meet i ng .

The R- LRF's a re a n oppo rtu n i ty for l oca l s to network a nd coord i nate w ithea ch oth e r from the same reg i o n . Fo r ma ny loca l s th i s is th e o n ly

o ppo rtu n i ty to s i t a c ross from the Reg i o na l D i recto r . As these forumsmatu re a nd deve l o p , th e hope i s tha t i n conj u n ct i on w ith I B PS more i ssuesw i l l be reso l ved before be i n g refe rred to the M ERC ta b le .

Accommod at i o n S u bcomm ittee

Th ro ug h a M emora nd um of Sett l ement th e emp l oyer a n d th e M ERC teamfo rmed a s u bcomm ittee to d i scuss Accommodations i n I nst i tut i ons . The

s u bcomm i ttee has jo i nt l y recommended l a n g uage to the Ass ista n t Deputy

M i n i ste r . The con cept of a l oca l jo i n t a ccommodat i on comm ittee a " Loca lHea l th a n d Prod u ct iv i ty comm i ttee" wou ld be im p l emented at fo u r p roposedp i l ot s i tes . Th is i s s i m i l a r to the MCYS p i l ot p roject wh i ch has seen ared ucti o n i n g r i eva n ces from membe rs .

Page 4 of 6

Do n Ja i l H ea ri ng s

The Don Ja i l H ea r i n gs bega n th i s past summer . The M ERC team atte n ded

ma ny of the hea ri n g dates su pport i ng the p rocess a nd su ppo rt i n g a l l the

membe rs who have been affected by these events . The Pres iden t of O PSEU

a nd M ERC Cha i r jo i n t ly made sta tements to the Vice Cha i r of th e hea r i ng

d u r i n g th i s p rocess . The M ERC team pa rt i c i pated i n the g rou p med i a t io n

p rocess i n sea rch of system ic remed ies . The hea ri n gs cont i n u e, as i nd i v id ua l

g r i evo rs a dd ress i ss u es at the G ri eva nce Sett l ement Boa rd .

O nta rio Correct i on a l Se rv i ces Co l l eqe

Th ro ug h much res i sta nce from the emp loyer the M ERC team has fi na l lysecu red t i me to add ress the CODA a nd P&P c l asses at th e Onta r i o

Correct i on a l Serv i ces Co l l ege . ( Be l l Ca r i n ) Th is t ime w i l l be used to

i ntrod uce th e students to OPS EU a nd the D iv is i on . As we l l , the M ERC team

wi l l be i nv i ted to fu tu re g rad u at ion ce remon ies . Th i s ha rd foug ht i n i t i a t ive

recog n izes the ro l e that th e u n i o n a nd members have i n th e M i n i stry .

D i se n ta ng l ement of You th U n i ts

The c l os u re of th e Youth U n i ts a t Kenora Ja i l , Th u nde r Bay C . C . , OCDC, a n dHWDC, a re on sch ed u l e to c lose by the end of M a rch 2009 . By way of

Memo ra nd um of Ag reement the two M ERC teams ( MCYS , MCSCS ) have

negot i a ted emp loyment sta b i l i ty fo r a l l membe rs a t th ese Loca l s . A va r i ety ofcreat ive redep l oyment opt i o ns a re be i n g used to ach ieve zero job l oss . We

tha n k those mem bers for th e i r patien ce d u r i n g th is p rocess wh i ch is n ea ri n gcomp let i on .

New I n st i tu t i ons

The Toro nto South Detent i o n Centre a nd the South West Dete ntion Centre ,comm ittee 's have been esta b l i s hed . S u bcomm i ttees wi l l be broken down i n to

spec i fic depa rtmenta l a reas a nd streams e . g . secu r i ty, h ea l th ca re , d ive rs i ty ,IT a nd A&D . S u bcomm ittee members wi l l se rve on a n i n te rm itten t, o r "a s

Pase .S of 6

needed bas i s ", to a tten d d i scuss i ons a nd wo rk g ro u ps . These g ro u ps w i l lrev iew des i g n crite ri a a n d he l p ensu re that best pract i ces a nd i n n ovat ivedes i g n cons i d era t i o ns a re emp loyed for the new fac i l i t ies .

I n conc l u s ion , th e M ERC team tha n ks the Job Secu ri ty Offi cer ass i g n ed toth e MCSCS M ERC Team , Sa nd ra Ha rper, whose yea rs of work a nd ded i cationto the Co rrect i ons D iv is ion is immeasu ra b l e . Th a n k you aga i n Sa nd ra !

I n So l i d a r i ty ;

On behalf of your 2006-2008 Corrections MERC Team

Da n S idswo rth , Cha i r

Go rd Long h i , V i ce Cha i r

Pa u l J o h nstone , Membe r

Ed u a rdo Alme ida , M embe r

Page 6 of 6

2008 CORRECTIONS DIVISIONAL MEETINGMINISTRY OF COMMUNITY SAFETYAND CORRECTIONAL SERVICES

MERC REPORT FOR

COMMUNITY CORRECTIONS

The following is a not so brief summary of the issues that your Corrections MERC teamhas addressed in respect to Community Corrections over the course of the last two yearmandate .

CECBA NEGOTIATION

Our members in P&P and MCYS Probation Officers faced perhaps the largest threat totheir bargaining rights in August of 2008 . The failed deal that was negotiated betweenour employer and our union would have removed PPOs, Probation Officers and ESROsfrom the Corrections Bargaining unit . The proposal made no logical sense .

This threat was staved offwith the quick response from our membership to lobby theMinister and Deputy Minister ofMGS with email s , strongly voicing our opposition to theproposal .

Once again we have mobilized within the community and proved that we can accomplishour goals when we work together .

WORKLOAD

The issue of workload continues to pers ist . Although caseload numbers are nowhere nearthe drastic averages that existed in the days prior to 2002, the complexity of casescontinues to increase . Changes in policies and legislation have impacted the amount ofwork that is associated with the administration of a case . The addition of the screeningfor Intensive Supervision and the administrative requirements for electronic monitoringof conditional sentences has proven to be challenging our ability to meet demands .Changes to the Sex Offender and Domestic Assault policies have and will continue toincrease worldoad demands .

At the MERC Workload Sub-committee we have completed a Workload Best Practicesdocument that has been introduced to the managers in each region and will be circulatedto the field very soon. The document speaks to the equitable distribution ofworkloadwithin the office . In addition to this we are closing in on the completion of theWorkload Analysis Tool (WAT) that will compliment the Best Practices Document .

Technological adjustments to the WAT are planned for the upcoming months and the toolshould be released in the first quarter of 2009 .

Our MERC has Submitted language on a worldoad agreement to the CorrectionsBargaining Team and we will wait with anticipation to see what our team can securefrom that language .

OAG & CSR WORKLOAD

The MERC Workload Sub-committee has also expanded to include two working groups .The OAG 8 and CSR groups will meet to identify workload pressures within their j obcategories and each will report back with specific recommendations to alleviate workloadexcess . We have j ointly selected two strong working groups through expressions ofinterest . Our OAG8 group is co-chaired by Lorraine Skitch an OAG from Brantford andthe current Co-chair of the Western Region ERC .

STAFFING

Demands on our time continue to increase with the introduction of new policies and

procedures . However we have not been provided with any new resources to manage thechange. The employer has not responded to overtures for more staffing . The currenteconomic climate provides the administration with yet another excuse to deny addingadditional resources to ACC . It is likely that getting the employer to hire more PPOs andOAG staff (both OAG 8 and OAG 1 0 CSRs) will be a very difficult battle but one that wemust take on.

We wil l need to mobilize staff in al l offices to raise worldoad issues at all staffmeetingsand send those issues up through the Regional ERC and then MERC. We also musthold managers accountable for using the Workload Analysis Tool each month and makesure that you get credit for al l of the tasks that you perform . (there are allowances on theW.A .T. lor travel , training, committees etc) .

Stewards and staff in all offices must also remain vigilant about what is occurring with

the compliment in your offices . You should be monitoring that appropriate staffinglevels are being maintained, that leaves are being backfilled properly and timely, and thatunclassified staff are being treated fairly . Be especially wary of convertible positions .We have found cases where managers have transferred unclassified staff to avoidconversions .

LATERAL TRANSFERS AND FAIRNESS

One of the very first issues that raised when elected to the MERC team, was the issue oflateral transfers in ACC . For a time, a number of areas in the province were not

accessing the lateral transfer list at all to fill vacancies or they were cherry picking basedon who was on the list .

Although it was not committed to the minutes , we did get an agreement in principle in2003 that a principle of fairness would be adhered to when filling vacancies . That meantthat whenever possible , barring compelling reasons, the employer would usecompetitions and laterals alternately to fill consecutive positions within a given location .

That principle has been applied with relative consistency over the last 5 years with only afew exceptions . Once again we are experiencing problems in Northern Region wherethe principle of fairness does not seem to apply.

LABOUR RELATIONS IN ACC

Many changes have occurred in ACC senior management over the past two years . Thetwo most notable were the departure of our ADM Mike Simpson and the retirement ofBill Cooney, the RD for Eastern Region and a member of the employers MERC team.

While we don't typically sing the praises ofmanagement at union functions, it should berecognized when we appreciate the candor, integrity and good faith of someone we workwith across the table . Mike Simpson was known for being genuine, level-headed andtrustworthy. In a similar vein, Bill Cooney was always respectful and sincere . We willmiss working with these individuals .

Often changes in senior structures , whether it be management or union, bring aboutdisruptions in labour relations . It takes time for new relationships to strengthen and trustto be bui lt . That i s the phase we currently find ourselves in .

Northern Regional ERC

We are currently facing a challenge to positive labour relations in ACC . At their lastRegional ERC meeting, the Northern Region ERC team was advised that managementwould no longer be cover ing travel ing expenses and that they would not approve anytrave l t ime [br attend i ng ERC meet ings .

The Northern Regional ERC team responded by walking away from the table until thisdecision is rescinded .

As you may be aware, every other Region is currently covering these expenses and thishas been the past practice of the Ministry for more than twenty years .

Regional ERCs were developed because of the smaller worksites spread out over regions .It allowed Regional Management to attend ERCs without having to attend in each officeacross a region. Our offices belong to different locals , usually small composite localsand therefore could not afford to pay for flights and accommodations .

This issue was tabled at our MERC meeting on October 1 6th and we are awaiting aposition from the Ministry . Should the Ministry decide to back up this position that

Northern Region has taken, then it is clear that we are headed down a slippery slope inACC.

SPECIALTY ROLES AND DUTY ASSIGNMENT ROTATION

A Best Practice Document has been developed as a transparent guide for the rotation andselection of individuals to access specialty roles (i . e . sex offender, domestic assault,intensive supervision) and duty assignments such as ILO and CLO. The document willbe released to the field in November or December .

The guide will provide basis to address longstanding complaints that there is not a fairand transparent process in place to ensure that there are equitable opportunities for allmembers to access different roles available within offices .

INTEREST BASED PROBLEM SOLVING

Your MERC and H&S Reps continue to work with management to bring this traininginto regular use at the local and Regional level . As with much of this type of training, itis a tool and you have to use it to get better at it . When individuals from the Union andmanagement choose to use this problem solving model in good faith , we see bettersolutions . Despite our labour relations problems noted above, we still support this modelas efficient tool for resolving issues at any level .

Plans are underway to conduct more training for new stewards and H&S Reps in early2009 .

ELECTRONIC MONITORING

Our Community Corrections partners , The Electronic Supervision Resource Officers(ESROs) are currently being confronted with a s i gni fi cant change in their duties andresponsibi l i ties . Without any co J s t l tat i o w i th the U lio , the employer ad v i sed tha ichanges were being made to the Electronic Supervision Program. These changes includea decision that ESROs will no longer be conducting home visits to complete thetechnological assessment report. The ESROs will be expected to conduct theseassessments for suitabi lity over the phone .

This is a serious issue because that means that you may be supervising an offender underhouse arrest with EM where no individual for the Ministry has conducted a home visit.These persons may be living in a house with a grow operation, methamphetamine lab orwhere other serious criminal activity is being conducted .

Your MERC team will be looking for your support when our public campaign starts nextweek.

GRIEVANCES

Over the past four years MERC and the employer have been working to reduce thegrievance backlog in ACC. We have held a number ofmediation sessions over that time

and we have cut through nearly two thirds of the outstanding matters .

We have been scheduling a number of individual grievances at the GSB in past monthsand have an aggressive schedule set for December .

Frank Inglis is our new Grievance Officer assigned to manage the P&P group .I ' d like to take this opportunity to welcome Frank and say thank you Serge Linnarelloand Mark Barclay for their efforts as the previous G.O . s assigned to P&P.

ONTARIO CORRECTIONAL SERVICES COLLEGE

After numerous requests , the MERC is to be provided the opportunity to address all P&Pand CODA classes at the Ontario Correctional Services College . As well , the MERC hasbeen extended an invitation to attend all future graduation ceremonies . This will allowall new recruits to become familiar with OPSEU, the collective agreement, and theCorrections Division.

APPENDIX 24

Appendix 24 of our CA gives seniority rights to our unclassified staff in institutions andP&P offices . Your MERC team has filed a policy grievance against the very narrowinterpretation that the Ministry has taken in regard to this appendix . The team feel s thatthis appendix shou ld be respected in all forms of hiring and have proposed that it extendto conversion of staffwithin P&P offices as well . For example if there are two or moreunclassified PPOs in a particular office, where an opportunity for a conversion arises , theposition should be assigned to the most senior unclassified PPO in that office.

We have flagged the need for much tighter language in this appendix wi th the BargainingTeam

To conclude I would like to recognize our OPSEU Staffassigned to our MERC team,Sandra Harper for her continued professionalism, dedication and advocacy for ourdivision. As well , our Grievance Officer for Adult Institutions, Scott Andrews who hasbeen skil lfully representing us against the employer. Thank you.

Gord Longhi , MERC Vice-Chair, Probation and Parole Representative

PROVINCIAL HEALTH AND SAFETY REPORTDIVISIONAL 2008

MINISTRY OF COMMUNITY SAFETYAND CORRECTIONAL SERVICES

It is with privilege I submit this brief report, but also with regret . It has been a sad yearending with losing a long acting activist and the Chair of the Health and SafetyCommittee, Curt Bishop .

In addition, other changes have occurred, such as S ister Lisa Kitchen moving on tomanagement, and Brother Brian Dunham from Probation and Parole stepping up as herreplacement . This term has had many things happen and there are seen some goodaccomplishments on many issues .

ASBESTOS GRIEVANCES AT MIMICO

In September of this year the above grievances and their settlement were unfolding .Brother Bishop and several Local members worked hard towards a settlement and a CurtBishop Scholarship Fund was established . As well, our sub-committee dealing withasbesto s began looking toward mold abatement as an additional area of concern .

WEAPONS SEARCH PROTOCOL

In January of this year, the policy was revised with the worker members and j oint inputfrom the employer .

SINGLE SOURCE SOLUTION CENTRES

Th i s year we trave l ed to Federa ! In st i tut i o l s a d researched what the federa l Correctionsi s using to clean their lhc i l it ies and what is working ellectively . Results froln thi sresearch are coming and train the trainer for each facility will be in place .

BALLISTIC & STAB TESTING OF AGED IN-SERVICE BODY ARMOUR

The above testing was done in Ottawa at Biokenetics and a report was generated . TheMinistry has agreed to a process of the replacement and the disposal of the five yearwarranty vests .

FIRE-SAFETY SUB-COMMITTEE

The sub-committee has terms of reference and has submitted a draft template for firesafety plans . The template is awaiting approval from the Ministry for local committees tobe involved in the process of drafting their plans for approval .

STAFF CLOTHING SUB-COMMITTEE

The staff clothing sub-committee has met to discuss issues and is pushing for the bestequipment for our members instead of castoff equipment from other agencies .

As you can see from some of the work it is never ending and challenging . It has beenworth all the efforts for our members and to the family and friends we go home to .

I would like to thank all the members of the Health and Safety Committee for your

support in the short time since I moved to the Chair of the Committee, and for BrotherBrian Dunham and for Brother Nick Mustari for stepping up with enthusiasm to thecommittee . Also, thanks to the MERC Team Members for supporting us with issues aswell .

Special thanks also go to Sister Sandra Harper, Staff from OPSEU, for all her long andlate hours of endless support and work.

In Solidarity,Brian Chauvin

Provincial Health and Safety Chair

On Behalf of the 2006 - 2008 Provincial Health and Safety Team

Emidio Casullo , Vice-Chair

Brian Dm mm, Probation and Parole Representat ive

Nick Mustari, Member

2

MCSCS Divisional Report - November 1 5, 2008

After completing this term I can honestly say that health and safety isfarfrom boring.

The team has travelled to different sitesfor our meetings (CNCC, OCDC, Grosvenor,Western Regional Office, Sudbury Jail and Windsor Jail to name afew) and I have hadrepresentation on many sub-committees in cooperation with the MERC team.We had one member move to the employer side. Our co-chair, Curt Bishop, was takenfrom usfar too early in life.Two members stepped in and took up the task and we were glad that our Union hasmembers that are ready to do the hard volunteer work that we do.

On apersonal note, I have been involved in thefollowing sub-committees and can reportthefollowing:

� The Asbestos Committee is attempting to bring mold removal into the scope ofwork

� The Fire-Safety Subcommittee has terms ofreference and is working on a drafttemplate andfollow up visits tojails.

� The Weapons Search Protocol wasjointly developed and a HospitalPrisoner Reliefprotocol is being drafted.

� The StaffClothing Committee has met to discuss issues and we will keeppushingfor the best equipment not cast-offsfrom other groups.

o I represented the committee at the HPR03 negotiations and am relieved it wassigned ofJ'after repeated attempts.

o I attended the Metro Toronto West DC and Toronto Jailfor two separate workrefusals and was glad to help out. Thanks to both the local executivesfor theirresolve in getting an agreement and back to work .

. As a representative ofthe Provincial Joint Occupational Health and SafetyCommittee [ have tra velled to Thunder Bay 's two lcilit ies arid to Fort Franceslo support lhe in if iaii ves surrounding [he e lim ination ojsexism and racism in ourmin istly and listen to health and safety issue as well.

It would take a lot oftime to discuss everything else that is happening at the committeelevel and, as the minutes reflect, we keep bringing issues to the table that members keepstanding up and sending us to tackle with the employer.

In solidarity, Emidio Casullo.

2008 Divis ionals

Community Corrections Health and Safety Report

At the last Divisional meeting in 2006, I was elected as the Health and Safety AlternateRepresentative, behind Lisa Kitchen. In June 2007, Lisa moved on to another role , and Istepped up to fill her position. I have found the work involved in this function to be bothextremely rewarding and demanding .

Continuing Lisa' s work, over the last sixteen months I have been involved with a numberof committees , such as the Health and Safety Manual Review Committee, Multi-SiteH&S sub-committee, Interest-Based Problem Solving committee, Workload subcommittee, Workload Management Tool committee and the Staff-Offender Conflict subcommittee .

All of these committees are works in progress, although several should produce concrete,viable results in the near future .

I have continued Lisa' s practice of reviewing all incident reports with H&S implications ,and have followed up on those that have required it .

There are issues with which we have dealt where resolution has had to come from the

office of the ADM. Therefore , meetings have been scheduled with Gord Longhi andmyself. Unfortunately , th i s past year has been hampered by a revolving door in thatoffice, with commitments being negotiated more than once with various ADMs .However, several important concessions have been gained, and there are further meetingsscheduled for the near future .

Some of the issues dealt with this year include the following :

P&P Health and Safety Manual o Thi s has been revised extensively and is due for re leasesoon. Many items, such as office safety plans and emergency responses , have beenimproved. The self-audit workbook has been eliminated, to be replaced with a moreeffective, meaningful inspection report, with monthly, quarterly, semi-annual and annualitems, all of which should have built-in follow-up to ensure that deficits identified areaddressed in a timely manner .

In accordance with this item, the process is continuing of ensuring that office renovationsand relocations are completed in compliance with the manual .

A need that has been identified in relation to inspections is a lack of trained,knowledgeable and certified H&S representation. Management has agreed to train reps inevery office, thus al lowing for effective H&S monitoring, but we continue to lobby formulti -site groupings of offices to permit for committees that would work together tocover every cost centre . We are currently in the process of resubmitting this concept.

In regard to the issue ofweapons entering P&P offices, lockers continue to be installed inoffices across the province . Unfortunately, there have been issues with locking systems,which has slowed the roll-out process , as this was to be completed by May 2008 . I urgeall of you to raise this issue in your office and please advise me, as well, if your officedoes not yet have lockers .

A huge issue over the last few years has been in relation to the CVRA. We have had tofight to get approval for refresher training, which was originally promised almost threeyears ago, and both PST and refreshers are not being delivered in the agreed-upon timeframes . However, further commitments have been made to honour the previousagreement . This is one of the issues derailed initially due to changes in the ADM' s officeand at OCSC (Bell Cairn) . On a positive note, the full Personal Safety Training has beenapproved for OAGs, and the JPOH&SC has recommended that it also be provided tostudents and volunteers, depending on the roles these positions carry out.

A re-evaluation of reporting centres, and the j obs performed at them is ongoing . Therecontinue to exist some Category 3 centres , but staff are expected to perform functionsprohibited by the policy . This battle continues, as the Ministry continues to balk atproviding adequate resources . There is a strategy being developed to address this issue .

We continue to advocate for defibrillators in P&P offices, although the Ministry hasadvised that consideration for this shall be deferred until the next fiscal term.

There has been a significant increase in the number of incident reports involving threatsagains t staff. This is being invest igated , as i s a strategy to address staff concerns .Although a memo went out this summer, further direction should be going out in the formof a policy on staff/offender conflict . As well, we are seeking further Ministry support inpursuing criminal charges against offenders who threaten staff.

A potenti al l y huge i ssue now being addressed is the concept of staff suffering from PostTraumati c Stress D i sorder We are aware that staff o fter mf r v icar ious t am m throughour continual interaction with offenders , and this concept has been borne out in studies incorrections in both Saskatchewan and British Columbia . The PJOH&SC is pushing forour Ministry to commission a study for corrections, both institutional and community, inOntario . This could have very long-reaching implications, as we are well aware of howthis affects our long-term health.

While this list is not all-inclusive , it touches on many of the highlights ofmy involvementover the last year and a half. If you have any questions with any of these items or anyother H&S issue , please feel free to contact me any time.

It has been a pleasure and an honour to serve in this capacity . I can sincerely say that ithas been my most positive and fulfilling experience yet in my career. I hope to bepermitted to continue to serve in this capacity.

I would like to thank the members of the provincial H&S committee, without whoseguidance and advice I would have been lost. I also wish to thank Gord Longhi for hisassistance and Sandra Harper for her knowledge, guidance and patience .

Brian Dunham

Corrections Provincial Health and Safety CommitteeProbation and Parole Representative

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Correct ions D ivis iona l s 2008

21 1 8 249 1 2567

1 032

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1 963I 746

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1 69 362

2 1 90 2578

426 6 1 7

1 828

1 578

1 977

1 70 1

1 331 4

4944

[3 Opened per year (by Grievance Date}B C losed per year (by C losed Date }

I Sti l l Open per year (by Grievance Date)

256T2491

25782522

21 1 821 75 21 90

1 977

1 6991

-2.. . . . . . . . . . . .

1 770

426

617

1 828

2002 2003 2OO5 2006 20O7

1578

1 7461 701

2008

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1 500

900

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1 200

1 800

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21 0 3 35 0 2I I

2000 200 1

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20 02 2003 2004 2005 2006 2007 2008

1 60

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3000

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